§ 5.4.3 UNJUSTIFIED CLAIMS OR DEFENSES
| Jurisdiction | Arizona |
§ 5.4.3 Unjustified Claims or Defenses
A.R.S. § 12-349(A)(1) addresses an award of fees for bringing a claim or defense "without substantial justification." Before 2013, A.R.S. § 12-349(F) defined the phrase "without substantial justification" to mean "that the claim or defense constitutes harassment, is groundless and is not made in good faith." Consistent with this language, the courts held that all three elements must be present before an award could be made. Johnson v. Mohave County,206 Ariz. 330...
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